The Veteran's effective date for the reduction of his disability rating from 100% to 10% for residuals of lung cancer was denied as it did not meet the required procedural requirements.
The deciding factor: The RO failed to follow the specific procedural requirements applicable to rating reductions, including providing a 60-day period for response and setting an effective date based on the expiration of that period.
- Claimed conditions
- residuals of lung cancer
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 2, 2014
- Citation
- 1452902
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1452902.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection and TDIU due to a pre-decisional duty to assist error regarding SSA records.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for residuals of lung cancer due to inadequate medical opinions regarding the relationship between in-service asbestos exposure and the development of lung cancer.
- Partly granted
The Board granted an earlier effective date for diabetes mellitus type II and service connection for GERD, while denying increased ratings for lung cancer, hypertension, and hearing loss, among other issues.
- Partly granted
The Board granted service connection for superficial punctate keratitis and conjunctival chemosis of the bilateral eyes, evaluated as noncompensably disabling as of August 10, 2022, but denied service connection for residuals of lung cancer, congestive heart failure, chest scars, and a left knee disorder.
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